Injunctions in Tort Law
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Questions and Answers

What is the purpose of an interim injunction?

  • To order a party to carry out an act or desist from those acts in perpetuity
  • To preserve the status quo in a lawsuit
  • To compel a party to do something that will cause harm or loss if it doesn't get done
  • To secure quick relief from the court, pending a fuller inquiry into the situation (correct)

    • Which type of injunction is typically granted on an ex parte basis?

  • Permanent injunction
  • Interlocutory injunction
  • Mandatory injunction
  • Interim injunction (correct)

    • What is the main difference between an interim injunction and an interlocutory injunction?

  • The purpose of the injunction (correct)
  • The party that requests the injunction
  • The duration of the injunction
  • The type of relief provided

    • Which of the following is an example of a mandatory injunction?

    <p>Compelling a party to move a wall or fence</p> Signup and view all the answers

    What is the power of the court to issue injunctions outlined in Malaysia?

    <p>The Specific Relief Act of 1950</p> Signup and view all the answers

    What is the term used to describe an injunction that is in effect forever or until a named period?

    <p>Permanent injunction</p> Signup and view all the answers

    When is an interlocutory injunction usually granted?

    <p>During the pendency of the lawsuit</p> Signup and view all the answers

    What is the purpose of a permanent injunction?

    <p>To order a party to carry out an act or desist from those acts in perpetuity</p> Signup and view all the answers

    What is the primary purpose of a prohibitory injunction?

    <p>To prevent a party from taking a certain action</p> Signup and view all the answers

    In which situation would a Mareva injunction be appropriate?

    <p>When the defendant is trying to move assets out of jurisdiction</p> Signup and view all the answers

    What is a necessary condition for an application for an injunction to be accepted?

    <p>The applicant must demonstrate that damages alone are not a sufficient remedy</p> Signup and view all the answers

    What type of injunction allows the applicant to enter the defendant's premises and seize evidence?

    <p>Anton Piller injunction</p> Signup and view all the answers

    What is the purpose of the balance of convenience test in injunction applications?

    <p>To evaluate whether granting an injunction would cause more harm than good</p> Signup and view all the answers

    In what circumstances would a court be more likely to grant an interim injunction?

    <p>When the matter is urgent and there are serious issues to be tried</p> Signup and view all the answers

    What is a potential consequence of making a frivolous application for an injunction?

    <p>The applicant will have to pay damages to the defendant</p> Signup and view all the answers

    What is the general approach to applications for injunctions?

    <p>Courts approach applications with care and only grant injunctions in deserving circumstances</p> Signup and view all the answers

    What type of injunction is typically granted when there is a good chance of the tortious behaviour being repeated?

    <p>Prohibitory injunction</p> Signup and view all the answers

    In which case was an injunction granted to prevent the defendant's crane from trespassing onto the claimant's land?

    <p>Wollerton and Wilson Ltd v Costain Ltd</p> Signup and view all the answers

    What is the primary purpose of interim injunctions?

    <p>To stop the defendant from acting in a certain way whilst the matter is resolved by the courts</p> Signup and view all the answers

    Why was the application for an injunction rejected in Armstrong v Sheppard and Short Ltd?

    <p>The claimant had effectively consented to the trespass</p> Signup and view all the answers

    What is the main difference between a quia timet injunction and a final injunction?

    <p>The timing of when the injunction is granted</p> Signup and view all the answers

    What must be shown in order to obtain a quia timet injunction?

    <p>That the defendant is intending to take an act that will cause significant irreparable damage</p> Signup and view all the answers

    What type of injunction is used when the claimant fears a tortious action will occur, but it has not yet taken place?

    <p>Quia timet injunction</p> Signup and view all the answers

    What is the primary purpose of a prohibitory injunction?

    <p>To prevent interference with the claimant's rights</p> Signup and view all the answers

    What is the name of the case that established the criteria for an interim injunction?

    <p>American Cyanamid v Ethicon</p> Signup and view all the answers

    What is the main characteristic of a final injunction?

    <p>It is permanent</p> Signup and view all the answers

    In which case did the defendant come to the claimant and ask for permission to build a sewer and manhole cover at the rear of the claimant's property?

    <p>Armstrong v Sheppard and Short Ltd</p> Signup and view all the answers

    What is the main reason why the court grants an injunction?

    <p>To prevent the tortious behaviour from reoccurring</p> Signup and view all the answers

    Why are interim injunctions used with restraint?

    <p>Because they are a remedy that is applied before a case has been properly heard</p> Signup and view all the answers

    What type of damage must be shown in order to obtain a quia timet injunction?

    <p>Irreparable damage</p> Signup and view all the answers

    What type of injunction is used when a tortious event has already occurred and the claimant wants to prevent it from happening again?

    <p>Final injunction</p> Signup and view all the answers

    What is the purpose of a quia timet injunction in a defamation case?

    <p>To prevent the defendant from publishing the defamatory information</p> Signup and view all the answers

    What is the primary objective of remedies in torts?

    <p>To return the aggrieved party to their original position</p> Signup and view all the answers

    What type of remedy does re-caption of goods fall under?

    <p>Extra-judicial remedy</p> Signup and view all the answers

    What is the difference between re-caption of goods and specific restitution?

    <p>Re-caption of goods requires court assistance, while specific restitution does not</p> Signup and view all the answers

    What is the purpose of the distress damage feasant remedy?

    <p>To allow the owner of the property to take possession of the cattle until they are compensated</p> Signup and view all the answers

    What is the term for the removal of a nuisance that is causing harm to a person's property?

    <p>Abatement</p> Signup and view all the answers

    In what circumstances can a person use reasonable force to remove a trespasser from their property?

    <p>In circumstances where the force used is reasonable</p> Signup and view all the answers

    What is the key characteristic of an extra-judicial remedy?

    <p>It is taken by the parties themselves without involving the court</p> Signup and view all the answers

    What type of remedy is re-entry on land?

    <p>Extra-judicial remedy</p> Signup and view all the answers

    Study Notes

    Injunctions in Tort Law

    • An injunction is a court order that directs a person to do or refrain from doing a specific act to prevent harm or injury to another party.
    • In Malaysia, the power of the court to issue injunctions is outlined in the Specific Relief Act of 1950.

    Types of Injunctions

    • Interim injunction: a temporary order that directs a party to do or refrain from doing an act, pending a fuller inquiry into the situation.
    • Interlocutory injunction: aims to preserve the status quo in a lawsuit by ordering a party to do or refrain from doing an act, pending the outcome of the matter.
    • Permanent injunction: a court order that directs a person to do or refrain from doing an act in perpetuity or until a specified period.
    • Mandatory injunction: compels an action, usually to prevent harm or loss.
    • Prohibitory injunction: directs a party to stop doing an act, usually to prevent continuing harm.
    • Mareva injunction: stops a defendant from transferring or selling assets until the case is concluded.
    • Anton Piller injunction: allows a party to enter premises and seize evidence or infringing material.

    Conditions for Granting Injunctions

    • There must be serious issues to be tried.
    • The matter before the court is urgent (in cases of interim injunctions).
    • Damages alone are not a sufficient remedy.
    • The balance of convenience lies in favor of granting an injunction.
    • The applicant must undertake to pay damages if the application is found to be frivolous.

    Prohibitory Injunctions

    • Used to prevent interference with a claimant's rights.
    • Granted where there is a good chance of the tortious behavior being repeated.
    • Not granted if the tortious behavior is trivial or if the defendant is not at fault.

    Further Injunction Subtypes

    • Quia timet injunctions: used when the claimant fears a tortious action will occur, but it has not yet taken place.
    • Final injunctions: granted after a tort has been committed, but where it is likely that the tort will reoccur.
    • Interim (or interlocutory) injunctions: apply while the tortious activity is ongoing or where there is a high chance of it reoccurring in the near future.

    American Cyanamid v Ethicon

    • Criteria for an interim injunction are found in this case.
    • The court granted an interim injunction against Ethicon, preventing them from using a surgical suture at issue until the trial of the patent infringement.

    Remedies in Tort Law

    • Judicial remedies: require due process of law and involve the courts.
    • Extra-judicial remedies: where the law is taken into one's own hands by the parties, without involving the courts.
    • Examples of extra-judicial remedies include:
      • Re-entry on land: the owner can remove the trespasser and re-enter their property using reasonable force.
      • Re-caption of goods: the owner is entitled to recapture their goods from any person who has unlawful possession of them.
      • Abatement: the injured party can remove the object causing nuisance.
      • Distress damage feasant: the owner of the property can take possession of the beasts that are causing damage to their property until they are compensated for the loss suffered.

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    Description

    Learn about injunctions, a court order that directs a person to do or refrain from doing a specific act to prevent harm or injury, and its types in Tort Law, specifically in Malaysia.

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